ابن ماجہ · Hadith 2732

It was narrated from 'Amr bin Shu' aib, from his father, that his grandfather said: "Rabab bin Hudhaifab (bin Sa'eed) bin Sahm married Umm Wa'il bint Ma'mar Al·Jumahiyyah, and she bore him three sons. Their mother died and her sons inherited her houses and the Wald' of her freed slaves. 'Amr bin 'As took them au t to Sham, and they died of the plague of Amwas, I Amr inherited from them, and he was their 'Asabah. When 'Amr bin 'As came back, Banu Ma'mar came to him and they referred their dispute with him concerning the WaIa' of their sister to 'Umar. 'Umar said: 'I will judge between you according to what I heard from the Messenger of Allah P.B.U.H. I heard him say: "What the son or father acquires goes to his 'Asaboh, no rna tter who they are.''' So he ruled in our favor and wrote a document to that effect, in which was the testimony of 'Abdur-Rahman bin "Awf, Zaid bin Thabit and someone else. Then when' Abdul-Malik bin Marwan was appointed caliph, a freed siave of hers (Umm Wa'il's) died, leaving behind two thousand Dinar. I heard that that ruling had been changed, so they referred the dispute to Hisham bin Ismail. We referred the matter to 'Abdul-Malik, and brought him the document of 'Umar. He said: 'I thought that this was a ruling concerning which there was no doubt. I never thought that the people of AIMadinah would reach such a state that they would doubt this ruling So he ruled in our favor, and it remained like that afterwards." (Hasan)

Translated by Dr. Muhammad Muhsin Khan · Reviewed by Islamic University of Madinah · Published March 2020